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HomeMy WebLinkAbout112-93 Ordinance ,-"~,.__.,-,-,,. ~,..~,- RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance N 0112..9_3________ Passedmu ___um___m______ _____19.___ ,.... AN ORDINANCE PROVIDING FOR A CHANGE OF ZONING OF ~ 30.092 ACRES OF LAND LOCATED ON THE SOOTH SIDE OF I \.,... THE NORTH FORK OF INDIAN RUN, APPROXIMATELY 1200 FEET WEST OF AVERY ROAD AND IMKEDIATEL Y WEST OF AVERY PARK, FROM: R-1, RESTRICTED SOBURBAN RESIDENTIAL DISTRICT TO: PLR, PLANNED LOW DENSITY . RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, state of Ohio, 7 of the elected members concurring: Section 1. That the following described real estate (see attached map marked Exhibit "A") situated in the City of Dublin, State of Ohio, is hereby rezoned to PLR, Planned Low Density District and shall be subject to regulations and procedures contained in Ordinance No. 21-70 (Chapter Eleven of the Codified Ordinances) the City of Dublin Zoning Code and amendments thereto. Section 2. That application, Exhibit "B", including the list of contiguous and affected property owners, and the recommendations of the Planning and Zoning Commission, Exhibit "C", are all incorporated into and made an official part of ,.... this Ordinance and made an official part of this Ordinance and i said real estate shall be developed and used in accordance \.....~ therewith. Section 3. That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed this lJr~ day of ~, 199fr Mayor ~~~g Officer Attest: ~(L~ Clerk of Council Sponsor: Planning Division .... f I '-- ',","'~' . "_.="~~ -, l..'ULJI-. j I i L't:. '). VI:.t-' 1 . Tu '32214409 P.02 .. , - ,,' . I . " , ORl bl t\).f\ L CITY OF DUDLIN PLANNING AND ZONING COMMISSION AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only OF TilE CITY OF DUDLIN ZONING ^PPlicat~n NO:()~ DlSTRlCT MAP ZH, Z. .3- (ReclasSification of Land) Date Filed: I Fee Recei.pt No. - _ Received by: de :::f4.lP< 7 \..... Plcase type or p~int information - Usa additional sheets as neeessary TO THE 1J0NOlWILE PLAIINING AND ZONING ~ISSIO~ ~ ~ I"'U'" ---,..~. "" CUM.&'C' The Applicant Mil Schottenstein Homes, Inc. (Have property in contract) boing tho~XX~/lessee(s) of property located vithin th~ area proposed for ~ingle family residential. ~se ,\ t requests that the folloving de~cribQd land to bc placed in the Planned Low Density Residential District . A. DESCRIPTION OF LAND TO BE RECLASSIFIED 1. General Doscription of Land (describe by one of tho rolloving): a. Lot(s)/Reserve(s) of ...... , ",.... ".: a rQcordc~ plat, With an area of 1 ~ . ...... b. Beginning at a point along (street or other) and being feet 1n a N S E V ~ - - direction from the (specify) of (Street or other), and thence having a di~ons!on of from thQ (speeify) of - - __(street or other), and haVing an area of . c. tho tract of land containing - Acres and bounded by: (specify) on the N SEW (Circle) (specify) on the N S l ~ (Circle) - (sp~eify) on the N S ! V (Circle) (speCify) on the N S ! V (Circle) ~~ d.. AttAched legal. dQscript{on: ,YES X NO - ~ : ~,""~.. "..-""'...... '-.'-'"..,..",.."..,,.,,---.. ..~--" .^ l . , ') 0 ,-~, . ! 'v ! 1': Page 1 of J ~._-,._,_.'~..~,~~,~,~,--~~..~..- _'"_,'_~,~ _N"_'_"'~""_~' . . " . , J~osod 7.oninR District nound~ries .~) copies of map accurately. dravn to ~n appropriate scale (to fill a sheet of . less thnn 8\ X 11 inehes and not more thl1n 16 x 20 inchos)., The ~l1p ~hall be ~dcntified ~nd submitted in nddition to the Ceneral Description of Land. Tho map $h411 include nIl land in'the proposed chenge and all land within five hundred (500) foot beyond the11mits of the' proposed chango. To be shown on the map - all property lines, stroot right-of-way, easements and othor informntion rel:lted to the location of the proposed:boundar1.es and shall be fully dimensioned. ....... The map shall show the oxisting and. proposed' Zoning District.or Spacial District baundarios. .... List all ownQrs of property within and contIguous to and directly across the street from such ar~~ proposed to be rezoned. The addresses of the owners shall be those ~ppe~ring on the County Auditor's eurrent tax list or the Trel1surer's mailing list. NAME ADDRESS - SEE ATTACHED SHEET , - n. ARCtnmNTS FOR rmCLASSIFICATION OF TilE DESCRIBED LAND -- 1. PropoSQd Use ~r Development of the Land: The property is to be -.. developed with single family residential units . PLANNED DEVELOPMENT ZONING DIStRICTS andSP!CIAL DISTRIctS submission of . three (3) copie$, of a Development. Plan and other dOCuments and t~o (2) copiQ$ shall be retninad as a permqnent public rocord if approved. For other Zoning D1str1ct~. such plant or other e~hlblts~ould be helpful to the review. of this application. Plans and Exhibits submitted Plot Phn ; Building Phn ; Develo~ent Plan ; Sketch . . Photographs ; Other (specify) 2. Stato briefly hov the p~oposed zoning and development relates to the existing ~nd probably future land use character of the vicinity. ~ The requested zoning classification compliments the surrounding - use sinceth~'property to the south is,developed as a subdivision ...... and property to the north across Brand Road is also being rezoned for single family use. Therefore the proposed use relates to the existing and future character of the area. Page 2 of 3 p~8es , '-' '::!~~ 144CJ'3 . P.U4 -- h_._._= ".^~~.-"~ . . " . J. lias on application for rezoning of the p~oporty be~n denied by the City Council within the last two (2) years? YES NO x If Yos, state the basis of roconsido~ation ~ ....... .... c. AFFIDAVIT Defore complGting this appli~ation and exocuting the following affidavit, it is recommended that this appll~atlon be d1s~ussed vith the BUilding InspG~tor to insure completeness and accuracy. Present ovner of property: APPLICANTS'S AFFIDAVIT STAT~ OF OUIO COUNTY OF FRANKLIN I It~ Jeffrey L. Brown beine dUly .wern, dopose and say that I .m/IU[J"lilO the -~/.Lo..ee(s) or being duly .worn, depo.e and .ay.that I am/~~i the ~~/lessee(.) ef land included in the applteation and that the foregoing atatement herein Cootained and .ttaehed, and inform.tion or attached e"hibits thoroughly to the be.t of.Ifly'- ability present the arguments in behalf of the applieation herewith submitted and.that the statements .... and attaehod e"hibits dove rererrod to are in aU rospects true and correct to the best of my*~ knowledge slld belief. ..... ~~~~ I Smith & Hale 37 W. Broad St., Suite 725 - (Hailing addre$s) Columbus, Ohio 43215 221-4255 rz 2..[- t../ L/ () q - (Phone) Subscribed and Sworn to before me this 3{)t!l. day of /lII;y~ "1 G e-r , 1988. JJ6 ~ Pe~son to be Contacted for details. if other than , .. .... . ..,eO .............!:-"..-... , ... "'. - . ~ ..... (NamG (^dd~(!$S) . ... '.~ . . (Tel(!pltone) . --- - --- - --- ----r ------- --_ ___ Do not write bdow thi.s 11n6)- _ _ _ _ _ _ _ _ _ _.__ _ _ D. ;::.:n.ECORD or ACtION 1. WithdrAw. Held to - (DlItf!) - (D::ltf!) - 2. ~&2 C: Date of nearing Appro\'ed _ = Disappro\'ed. - - Hodlfied 3. - Citj CounCil: D~te of Hearing Approved _ DiS01pprovPrl -i!I .Ji',,,~, Jlllll' T~l ":i"~" ..~ , iLl" To Whom it may concern: I, as a partner of the Erwin & Erwin partnership, hereby authorize MIl .... Schottenstein Homes, Inc. and its' agents to represent the Erwin & Erwin , partnership in the re-zoning of our 45 +1- acres along the south side of Brand ...... Road to Planned Low Density Residential District. Sincerely yours, ~ ~" " ~~...u::'~l../ y A-""".?~ t ~~ /77 d;A-c~~~ Anna M. Erwin 7805 Dublin Road Dublin, Ohio 43017 [f~Y-~--@~-iliu ~q m - r~~ III.. I ,-...........-. L.. '.. , ! ~,,' "",,, ..- l: ""; ~.; II 1;;1 /LU,! IDEe - 21993 ....... ! L~~"._. I CITY Ot'rTi""" L.~,,,,,':w~,, ,Y!J U fU " -~~~-"'''''''''-'~....",--.':-:' - *"""'il .~-'-''''''''<".'-~~'.'--<''~~~"~"''- ~ ~ . ~ y , The app11c.ntia~ hereby acknowledges that approval of t~~K~(its) Planned Low . rctquest for. Density Residential District by the Dublin Planning and . Zoning Commission bnd/or Dublin, City Council does not const1tut~ 8 guarDnt~e or binding commitment that the City of Dublin will be able to provide ~ssentlnl services such as water 'ond sewer facilities when needed by said applicant. !""" , The City of Dublin will'mako every effort to have those services available ~ , as needed. However, the rapid growth of t:h~ City of Dublin ond Northwest Franl<l1n County, h~$ stretched the, City's capacity to provide these services to the limit. As such, the City of Dublin may be unable to make all or port of s~lid, facilities availablo to the applicant until some future date. The undersigned hereby acknowlodae. and understonds the foregOing. 11/JO(93. . _ ~'"cl ~r-.. ' Date S1 a1:uJ:Q of ~p~ff~~t or author1.zt!d representativo thereof. On behalf of: .. ___M/I Schottenstein Homes, Inc. I , Applicant .... , ,', . . - - .. .. .. ... - -. ............ o '. .f ~ ..,'<- '"'''<'','~'','_'~-~-''.~,~.,..~" ,. ._--~ . ADJACENT PROPERTY OWNERS: Walter L. Starkey 6503 Cook Rd. Powell, Ohio 43065 City of Dublin Ohio - 6665 Coffman Road Dublin, Ohio 43017 ...... John & Kathryn Humbert, Jr. 7509 Brand Rd. Dublin, Ohio 43017 The Shawnee Hills Land Company c/o Scherer Co. ATTN: K. Kerr 5131 Post Rd. Dublin, Ohio 43017 Michael & S.K. Eicher c/o Contrywide Title Corp. ATTN: Tax Dept. P.O. Box 10211 Van Nuys, California 91410-0211 David & C.B. Anderson c/o Farets Suite 1510 2401 W. Hassell Rd. Hoffman Estates, Illinois 60195-2001 ",... David & Ann Daugherty c/o Braodview MOrtgage Co. - 95 E. Wilson Bridge Rd. Worthington, Ohio 43085 Donald & M.M. Smith c/o Fifth-Third Bank of Columbus Residential Mtg. Dept. 952 21 E. State St. Columbus, Ohio 43215 D~, -- CL \\0.' W\. ~ [r0, ~ c.,lo ~A., \Y\. (;""r-\Ai, ~ 7eo~~kJ ~.Ok.,O+3C>/7 - -^. -----~~_.~""...... ~._, .' _ .~,..,o_ -""'.~..." . - M/I SHOTTENSTEIN HOMES, INC. PLANNED LOW-DENSITY RESIDENTIAL DEVELOPMENT PLAN TEXT The following information is submitted in accordance with the requirements of section 1181.02(b) (2) of the Dublin City Code. ..... A. The proposed location and size of areas of residential use, indicating dwelling unit densities, dwelling unit types, the ..... total number of dwelling units for each density area and the total number of dwelling units proposed in the development plan: Gross acreage: 30.1.:t acres Total units: 60 single family lots/houses Gross density: 2.0 du/acre B. The proposed size, location and use of nonresidential portions of the tract, including usable open areas, parks, playgrounds, school sites and other areas and spaces with the suggested ownership of such areas and spaces: Park open space provided: 6.7+ acres Park open space required: 5.4+ acres Location: see attached Preliminary Site Plan C. The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness: Sanitary sewer and water shall be extended to the site from the current termini south of the proposed development area. ..... Surface drainage shall comply with the requirements of the City of Dublin, Franklin County and all state laws and - regulations. D. The proposed traffic circulation patterns, including public and private streets, parking areas, walks and other accessways, indicating their relationship to topography, existing streets or showing other evidence of reasonableness: See attached plan which show the developer's attempt to tie this proposal into the development to the south. E. The proposed schedule of site development; construction of structures and associated facilities, including sketches and other materials indicating design principles and concepts to be followed in site development, construction, landscaping and other features. Such schedule shall include the proposed use of reuse of existing features such as topography, structures, streets and easements: 2 ~~ ".....,~,---~-,~~...-..~~=-==-'-~"---- . Upon completion of the zoning and obtaining of all plat approvals, utilities will be extended to the site. Construction shall commence thereafter. F. The relationship of the proposed development to e~isting and future land use in the surrounding area, the street system, community facilities, services and other public improvements. The development is adjacent on the east side - to Avery Road Park. The road system is a continuation of the street pattern from the existing development to the - south, and the eight foot wide pedestrian path will also be continued along the collector street. G. Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary. The applicant has the property under contract to purchase and has retained the engineering firm of EMH&T to review the site. SHAWNEE.TXT 11/30/93 (4) "".. ...... 3 ~+I!$ ~jOV ~0 '93 14:22 Er'lHT P.2/3 . . .' , ,', . ; I , . ':. .: . :.~ - . . , . , '.' . '. . ., ~ ! 30.092,ACRES " ':~ '. ~.; :; . .':. ~ : : . . Situated' In the St~te '~f 'OhIO; Cou~ty: of Frankllri';City of Dublin, located In virglnl~ Military Survey No. 3009 and. 5.162; and bell,g 30.092' acres of that tract a8 eonveyedto "Erwinand:~rwln by deed of tecotd ~n OMcl~lAe~rd 1.09.72114, 10072~20, all references being to tho.e, Qf recor(:tlnth. R"corder's. Office" Fra!'\.kl.ln County, Ohio, laid 30.092 III'MI aCfes being mor~ partlOlJlarly: ~OU"d8d, a~~' c1.~Crib'd ~.. followl: ...... 'Beginning' at a P'o'l~t It th. ~orthwe.~:.~~e'r 'of' Lof 30 of the subdivision entitled "Wyndham Village Seetlo" 1" ~f rebord In Pllt Book 74:,pagea 1 01 and 102, said pOint also being on th. eaateny line of tNlt trlct I~ conveyed to Walter L.Starkey by deed of record InOfficial Record'00368C1.9; Recorder's Offlee, Franklin County, Ohio andin Deed Book 282, Page <83~1 Re~rder'. Office;: Union. CountYiOh1o; . . . '. . " .' 'I ' " " ~ ' ; . . thence along the easterly 'lin.e of the ,'iald Starkey tract, North f6~ 57' 41" West, ~ distance of ~230. 00 feet to . polnt~ ":.' : " ': ~ ." . thence leaving th'.'...terly Ifne of the.'.ald starkey 'tract and along.the centerline of a meandering strea~1 th8;followlng dl~tancel .md courses: , North 48. 02' 19'~ east, adiatanee of7~.OO f..t; , , . North 18. 02' 19" East, a 'diala.nce of 2qO.OO feet; . ; North 33. 02' 1911 ~ast,' a 'distance of 100.00 feet: North eo. 02' 19" Ellst, a :dlstance ~f 100.00.f8et; ...... ".... . , "', i ." , North 30. 02' 19" East, adlltan~ of.105.33 feet; ..... ,. . " " : South 79. .181 32". Ealt, a dl~tanee of 1.07'.09 feet to a poInt In the westerly line of that tract 8S conveyed. to The City of Dublin by deed' of record in Official Record 00828A20; . ~. ;.: .... ", . . : thence along the we IterlYi II~. of thoi, tracti ai~ ~nveye~ to. The City of Dubll~ by deed of record In Offlclsl Record 00828A20..nd Deed. Book 3493, Pag8a87, South 17- 18' 32" East, a dllta~ce of 2~2~.98 feetlo a poin't in. th.~north.rly lin. of Lot 43 of the .forementlo'ned subdivision entitled "Wyndham VlllageSedlon 1J'; · !::. : :. i :..... , . ....' :. : thence along the northerly: lioe of "Wyndham VilIag', Section 1'., South 72- 33'451' West, a distanCe of 543.98 f.et. to t~. place of begl.nnlng,'eontalning 30.092 acres, more or lesl. : :' . .'. ~.' . : ';"', I . , " " , ," I '. : C nti ed ' , , " ," I "." 0 nu ..................... . i " I; '. ; ...... ""-.,-- ~ _.~ -,~"""""""~-,",-,,,""~""'~----_.~~ ,~-_..~,,--, "'"'--- ". ,"""~""'="~"""'""--~'-",,,"'- . N')V;,30 '93 14:23 EMHT i P.3/3 ",' jl , " , ...! .. . ~. ':: '; . : . i ' , ' , . '. .'130.092~CFle$ ': 2.'" ' , , ,', ,,'I .. ", " , "Subject, h~weve~, ta aU "gall rlghtS.~r~way '~'~d/or 'easem~ntsl If an~; 'of previous rec~rd. . ',: 1. "; , -, } The: a~ove de8crlpti~n wa, p~epar.d' ~r()m th~ b~stavallable records :and dOlS not .... represent 8n _otuel .u~er p.rfQrm~d by t~l8, firm. ~, ',' ,: i , ' , i DLD/mf : , : I I , 1 : I , i -- ! ' , ! I - I ! I ' , I , I . I .. j , , I i I I I i i I ~ , i ' I I I I I I. ; . I ' _ i I . .~,~.,_"~,_~..=",~"~',~.".."',.,"< ~._' H _._",.".,-,-,~~-..~'-=--"" ",,-""., .- -~~. "- "~ 1i n " .t.'k4i,~ll.It, ,~~" ~. "w"fn'ilf"i'T"_ ,",1 STAFF REPORT PLANNING AND ZONING COMMISSION OCTOBER 6, 1994 <:ITY of IRBLJ:\ - CASE 1: Rezoning Application Z93-023 - Erwin Tract APPLICANT: Mil Schottenstein Homes, Inc., c/o Ben W. Hale, Jr., Smith and Hale, 37 West .",,_Id Broad Street, Columbus, Ohio 43215-4199. REQUEST: To rezone 30.092 acres located on the south side of the North Fork of Indian Run, approximately 1,200 feet west of Avery Park and 850 feet south of Brand Road, from R-1, Restricted Suburban Residential District, to PLR, Planned Low Density Residential District. UPDATE: This application was last tabled without discussion by the Planning Commission at the September 8, 1994 meeting at the request of the applicant. The changes to the submittal includes a new stub street to the west, larger park area, and development standards. The request is to rezone the property to the PLR, Planned Low Density Residential District (previously an R-3 District). The overall density of the project is 1.99 dwelling units per acre. Much of undeveloped property west of Avery Road (and beyond the Franklin/Union County line) is under consideration for development. The 1988 Community Plan does not address any of the land beyond the anticipated boundaries of Dublin. The county line was the limit of the sewer/water service area, and expansion beyond that line was totally unexpected at that time. The City has retained an independent traffic consultant to assist Staff in laying out an adequate circulation system for the area bounded by Avery Road, Brand Road, Hyland-Croy Road, and Post Road. ..... BACKGROUND: - This application involves about 30 acres of a 45-acre tract located on the south side of Brand Road to the west of Avery Road. Two different proposals were reviewed by the Commission during 1992 for the residential development of the entire Erwin property, not just the southern acreage. These were the "Informal application, Erwin property, Proposed Subdivision" and "Concept Review, Proposed Erwin Subdivision." The general reception of those proposals was negative primarily due to density and access concerns. (please refer to the minutes for more detailed history.) The current application was originally submitted in late 1993 as a single-family proposal for only the 30 acres located to the south of the creek. It was a request for the PLR, Planned Low Density Residential District. The application was revised in April, 1994 to a request for the R- 3, Suburban Residential District. The R-3 District permits single-family residential development at a maximum density of three dwelling units per acre. The minimum R-310t is 80 feet in width at the building line and 10,000 square feet in area. ~ Dublin Planning and Zoning Commission Staff Report - October 6, 1994 Page 2 The applicant revised the application in August to the PLR District. The regulations governing the rezoning process in this case are contained in Chapter 1125, and the PLR standards are included in Section 1181.02. Under these provisions, the applicant is required to submit a plan for consideration at this stage including the general layout, lot size, access, park area, utility service, and development standards. The Planning and Zoning Commission shall has then 30 days to make its recommendation on the rezoning requested. The application is returned with a recommendation to City Council for - a second reading at which a public hearing will be conducted. Following that, City Council will vote on the ordinance. A two-thirds vote of Council is required in order to override the recommendation of the Commission. A rezoning ordinance becomes effective 30 days ..... following passage. If approved, the proposal will be reviewed under preliminary and fmal platting procedures as well. CONSIDERATIONS: 0 The site is part of a larger tract that fronts on Brand Road. This rezoning application only includes property situated on the south side of the North Fork of the Indian Run, with no frontage on Brand Road. The site has only 60 feet of street frontage, on Tullymore Drive within Wyndham Village, at the south property line. The site is approximately rectangular and is extremely deep, averaging about 2,300 feet, with only about 600 feet in width. The larger tract, .which includes the Brand Road frontage, is about 3,500 feet in depth. 0 The site abuts the North Fork of the Indian Run on the north, Avery Park on the east, Wyndham Village on the south, and a large undeveloped tract (Starkey) to the west. The Indian Run Methodist Church and large lot residences are located on Brand Road in the generally vicinity. Wyndham Village is zoned PLR with a density of 1.85 dwelling units per acre, and the balance of the abutting properties are zoned R-1, Restricted Suburban Residential District. 0 The southern third of this site is heavily wooded. There are mature tree rows along the periphery of the tract. The west property line of the site is wooded with a double-wide ... tree row along the southern end, measuring up to 45 feet in width. 0 The west-of-Avery corridor has been designated in the Community Plan for residential ..... use with a gross density of between one and two dwelling units per acre. This density limitation has been met thus far of all the other sites in the area with a variety of different lot sizes. 0 There are 60 lots proposed within this new subdivision. The minimum lot size is 10,000 square feet, and minimum frontage at 80 feet. The minimum depth shown is 130 feet. 0 The development text for this site includes a 30- to 35-foot front yard setback, and rear yard of 25 percent of the lot depth, up to 50 feet. The minimum side yard proposed is eight feet on one side with an 18-foot combined side yard. A 20-foot no-build zone is located along the entire periphery of the site, and along the lots which abut the park. Along the west property line, a 25-foot no-build zone is proposed. Comer lots with side yards along the west property line will have a 10-foot no-build zone. 0 Tullymore Drive is stubbed into the south property line of the site. Tullymore Drive begins at Avery Road within Lowell Trace and extends through the Wexford Woods, Wexford Estates and Wyndham Village subdivisions. This road has a 6O-foot right-of- - ~,,.~""--'"'C"~,,,_,____ --~ "- -~- - Dublin Planning and Zoning Commission Staff Report - October 6, 1994 Page 3 way with three lanes (36 feet) of pavement. An eight-foot bikepath is located on the west side of the street. Few homes front on it. The proposal includes the northward extension of Tullymore Drive to the north through the southern two-thirds of this site, and it stubs into the west property line (124-acre Starkey property). A new (collector) road is proposed from the extension of Tullymore Road to the west, along the southern third of the site, with a 6O-foot right-of-way. An additional (residential) stub road to the west is located at the northern end of the site. 0 The City's independent traffic consultant is reviewing the proposal to determine an """'" appropriate bridge location over the North Fork of the Indian Run and connection to Brand Road. The subject site (Erwin property) has not been eliminated as a possible ."''''''''' location for a bridge location. The applicant is unwilling to construct a bridge across the North Fork of the Indian Run, due to the expense. The text includes an agreement to provide a letter of credit for about 16 percent of the projected $390,000 cost of the bridge. The applicant states that the letter of credit is valid for five years, after the preliminary plat is approved. 0 The City has a long standing desire to expand the A very Park woods. This area has been pinpointed as desirable for acquisition for a number of years by the Parks and Recreation Advisory Committee, Planning Commission, City Council, and other interested citizens. This plan requires 3.9 acres of park to be dedicated. The proposed plan includes 5.49 acres of the woods located at the southeast corner of the site. It is adjacent to Avery Park and fulfills the parkland dedication requirement for this site. The park configuration proposed is L-shaped with five lots along the southwest portion of the park. The text states a willingness to readjust lot lines and park area to accommodate the preservation of large trees. 0 When Wyndham Village was zoned in 1990, the developer committed to dedicate additional parkland (1.59 acres), above the requirement. The additional land was never dedicated to the City. The applicant is now providing that additional acreage within this site. 0 The developer will construct a concrete bikepath along the west side of Tullymore Drive, ..... from the Wyndham Village to the new collector road stub, then on the east side of Tullymore, continue along the park frontage and along the north/east side of the road. ...... An asphalt bikepath will also be constructed between two lots on the northern cul-de-sac providing neighborhood access to A very Park. The City construct a path through the park. Sidewalks will be constructed along all other road frontages. 0 The text states that the applicant is committed to saving as many trees as possible. A tree survey is needed at the time of preliminary plat. (The text should be revised to reflect this requirement.) Until the survey is completed, the applicant has stated that the location of the lots and park area (east of Tullymore extended) are flexible. Additional text language is needed specifying that snow fencing will be in place during all phases of construction. 0 The site abuts the North Fork of the Indian Run, and the location of the l00-year floodplain and flood way will be determinants in the layout and development potential of this site. Generally, the City discourages the alteration of floodplain boundaries. Any channel improvements proposed will be subject to the approval of the City Engineer, OEPA, FEMA and ODNR. - - . ~~-"..~---.-- --- -- - --~ Dublin Planning and Zoning Commission Staff Report - October 6, 1994 Page 4 0 The northern portion of this proposed development will be served by the Muirfield Drive/Brand Road trunk sewer. The first phase of this sewer is under construction. A later extension of that sewer will serve this site. The southern section of this proposed development is located within the tributary of the sanitary sewer serving Wyndham Village. The exact location of the division between tributaries must be agreed to in concept by the City before the preliminary plat is reviewed by the Planning Commission. 0 This development should include the extension of a watermain along Tullymore Drive which will tie into a water main proposed along Brand Road. A watermain will be extended along the north side of Brand Road from A very Road to the west property line - of Shannon Glen. 0 A dry detention is proposed at the north east comer of the site, along the North Fork of - the Indian Run. The basin will serve the northern half of the site. The southern-half will be served by Wyndham Village retention basin. 0 A temporary turn-around will be required at all streets which stub to the western property line, to the satisfaction of the City Engineer. STAFF RECO:MMENDATION: Staff recommends approval of the application with subject to the following conditions: Conditions: 1) That all floodway, floodplain, . and floodway plus 20 feet information be indicated on plans and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; 2) That all park land be dedicated to the City by warranty deed with the recording the fmal plat. Recording fees are to be paid by the developer; 3) That all pavement, rights-of-way, utilities, storm sewer management, cul-de- sacs, vertical alignments and street geometrics be designed to the satisfaction of the City Engineer; 4) That a tree survey be submitted to Staff prior to the preliminary plat submittal, and lot lines, utilities, and easements are adjusted, if necessary, to preserve .. trees; 5) That the text be clarified with language regarding tree preservation including .... snow fencing for tree protection during all phases of construction; 6) That the no-build zone along the west property line be widened to at least 30 feet; and 7) That contribution for the bridge across the North Fork of the Indian Run be resolved to the satisfaction of the Development Director, before this application is reviewed by City Council; and 8) That the detention basin be located within a stormwater management easement, to the satisfaction of the City Engineer. Bases: 1) The density proposed conforms to the maximum density outlined in the Community Plan. 2) The development is compatible with, and a logical extension of, existing development patterns in place. - '-....-~~~=.~.,""-'-~~..w_~'...,.. __ ,..~u,> ,,~,.- . -., -"~.. ''''''''~;'-'^ ~,~~ ...",. ~.- - Dublin Planning and Zoning Commission Staff Report - October 6, 1994 Page 5 3) The parkland proposed brings the Wyndham/Wexford Estates development into full compliance. 4) The parkland being dedicated affords expansion of the A very Park woods and conforms to longstanding park acquisition goals. 5) The plan as modified above will provide for preservation of the wooded environment. ..... ..... .... I ~ ~ .... ~ , . , , 0 , , , . , , , , Ll l I , I . 0.. I ~ I l- t Z 0 I I- OJ t.:I Z - SITE :x: II) ct: ~ III I ~ I I . ~ Rezoning Application J Z93-023 Erwin Tract .\ - --- " ~'liIi-ilif " ~~~,~',-,_.. '\ - -" .... - Plll -." - ........ - . Application '1 Rezonmg - Z93-023 - Erwin Tract .0 R peD Dublin Planning and Zoning Commission j' Meeting Minutes - October 6, 1994 Page 2 1. Rezoning Application Z93-023 - Erwin Tract Lisa Fierce presented this case. The application had been tabled at the May and September 1994 meetings. The applicant has since worked to resolve remaining issues. The request is to rezone this property from the R-1, Restricted Suburban Residential District to PLR, Planned Low Density Residential District. .., The subject site is 30.092 acres, south of the North Fork of the Indian Run, of an overall 45- acre tract. Significant tree rows border the property. It also has a large wooded area in the south. The proposal includes sixty single-family lots, a park located within the woods, and the .... extension of Tullymore Drive. The development standards are similar to Wyndham Village, including a minimum frontage per lot of 80 feet and a minimum lot size of 10,000 square feet. A 20-foot no-build zone is shown along the entire periphery of the site and along the lots which abut the park. A 25-foot no-build zone is proposed along the west property line. Staff believes that the no-build zone should be widened to at least 30 feet for the preservation of the wide tree row along the western portion of the site. Ms. Fierce said this revised plan includes a stub street to the west, into the Starkey property. The City has retained a consulting traffic engineer to assess needed additional east/west movement from Avery Road to Hyland-Croy Road: Additionally, the traffic engineer is helping to determine an appropriate bridge location across the North Fork of the Indian Run and a final connection to Brand Road. The appropriate contribution from this developer for this bridge crossing needs to be determined before this rezoning application goes to City Council. The text proposes posting a letter of credit for 16 percent of the projected cost of the bridge, for a several year period. The parkland dedication required is 3.9 acres, and this plan includes 5.49 acres, fulfilling the deficit from Wyndham Village. The text also states a willingness to readjust lot lines along the parkland in an effort to preserve the trees. There is a dry detention area proposed along the North Fork of Indian Run which will service the northern portion of the site, .. and the southern portion will be serviced by the Wyndham Village retention basin. ,..... Staff is recommending approval of this rezoning application with the following ten conditions: 1) That all flood way , floodplain, and flood way plus 20 feet information, be indicated on plans and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; 2) That all parkland be dedicated to the City by warranty deed with the recording of the final plat. Recording fees are to be paid by the developer; 3) That all pavement, rights-of-way, utilities, storm water management, cul-de-sacs, vertical alignments and street geometrics be designed to the satisfaction of the City Engineer; 4) That a tree survey be submitted to Staff prior to the preliminary plat submittal, and lot lines, utilities, and easements are adjusted, if necessary, to preserve trees; 5) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 6) That the no-build zone along the west property line be widened to at least 30 feet; - "._-~,,,,,,,'-~--~'~--.. --~..---, ..'~.. '.~~""--'- ~,," Dublin Planning and Zoning Commission Meeting Minutes - October 6, 1994 Page 3 7) That contribution for the bridge across the North Fork of the Indian Run be resolved to the satisfaction of the Development Director before this application is reviewed by City Council; 8) That the detention basin be located within a storm water management easement, to the satisfaction of the City Engineer; and 9) That pedestrian accesslbikepath issues be resolved at the time of preliminary plat submission; and 10) That the bikepaths be installed at the time of road construction and the location be to the - satisfaction of the Parks Director. ......... Ben W. Hale, Jr., representing the applicant, agreed to all of the above conditions. He said the tree survey would determine the shape of the lots and the location of the roadways. Mr. Hale said there was no problem with a 30-foot setback except with the lot located on the south side of the terminus of Tullymore extended. Mr. Sutphen asked if the detention basin area in the flood plain would be dry. Randy Bowman said a bowl shaped basin would be necessary to hold the water. Mr. Sutphen made a motion to remove this case from the table and Ms. Chinnici-Zuercher seconded the motion. The vote was as follows: Mr. Fishman, yes; Mr. Ferrara, yes; Mr. Peplow, yes; Mr. Sutphen, yes; Mr. Rauh, yes; Ms. Chinnici-Zuercher, yes; and Mr. Zawaly, yes. (Removed from Table 7-0) Mr. Sutphen made the motion to approve this rezoning application because the density proposed conforms to the maximum density outlined in the Community Plan; the development is compatible with, and a logical extension of, existing development patterns in place; the parkland proposed brings the Wyndham/Wexford Estates development into full compliance; the parkland being dedicated furthers the longstanding desire for expansion of the A very Park woods; and the plan will provide for preservation of the wooded environment, with the following ten conditions: ~ 1) That all floodway, floodplain, and floodway plus 20 feet information be indicated on ~,~ plans and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; 2) That all park land be dedicated to the City by warranty deed with the recording the fmal plat. Recording fees are to be paid by the developer; 3) That all pavement, rights-of-way, utilities, storm water management, cul-de-sacs, vertical alignments and street geometrics be designed to the satisfaction of the City Engineer; 4) That a tree survey be submitted to Staff prior to the preliminary plat submittal, and lot lines, utilities, and easements are adjusted, if necessary, to preserve trees; 5) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 6) That the no-build zone along the west property line be widened to at least 30 feet, to the satisfaction of Staff; 7) That contribution for the bridge across the North Fork of the Indian Run be resolved to the satisfaction of the Development Director, before this application is reviewed by City Council; """!'I!iI! Dublin Planning and Zoning Commission Meeting Minutes - October 6, 1994 Page 4 8) That the detention basin be located within a stormwater management easement, to the satisfaction of the City Engineer; 9) That pedestrian accesslbikepath issues be resolved at the time of preliminary plat submission; and 10) That the bikepaths be installed at the time of road construction and the location be to the satisfaction of the Parks Director. The motion was seconded by Ms. Chinnici-Zuercher and the vote was as follows: Mr. Rauh, - yes; Mr. Peplow, yes; Mr. Sutphen, yes; Ms. Chinnici-Zuercher, yes; Mr. Zawaly, yes; Mr. Perrara, yes; and Mr. Fishman, yes. (Approved 7-0) - 2. Rezoning Application 4-005 - Gorden Property Mr. Peplow made the . on to remove this application fro the table; Ms. Chinnici-Zuercher seconded. All voted . favor. (Removed from Table 7- Lisa Pierce pre nted this case. The application ad been tabled in September wi discussion. subject site has been reduced from' 7 to 47 acres. To the east of the si are Lowell Trac subdivision, the Red Trabue N re Preserve, and the Wyndham illage subdivisio (The Tri-County ditch serves as , ' southern boundary line of the pro .) Ms. F' ce said the proposal is for 84 singl'family lots and a 10.4 acre elemen whi would back up to a middle school. Ite currently owned by the Dublin C' Schools. It includes 5.6 acres of parkland. The de Ity proposed is 1.78 du/ac which is c sistent with the overall area.. The development S~dS within the subdivisio~ are con . tent with. that of Wyndham Village: 80-foot lots and Imum 10,000 square feet m lot ar . A no-build zone is being proposed along the 10~Ch abut the parkland. Staff recon~~t that additional no- build zones be indicated for 10 containing significant tree rows, esp 'ally along the west and north property lines. Th;,tt system connects from Wyndham / illage. A stub street is - shown to the west which will eventually provide a collector ;6ut to Hyland-Croy Road. Additionally, a stub s2 IS located to the north. / - Ms. Pierce said the par 'and requirement of 5.6 acres inClUde~/4. 7 acre addition to the existing nature preserve and,10.9 addition to the school site (Off-~~ along Tullymore Drive. She said public street acces would be provided to the west end 0 the school site. A detention basin is proposed for the site within the park area in combinatjO'n with a basin proposed for the nature preserve wi . the Lowell Trace subdivision. L Staff belie s density, utilities, parkland, circul Ion, and overall development standards have been res ved as a result of the close work wi the developer during the past few months. Staff recommends approval of this appli on with the following seven conditions: 1) That all floodway, floodplain and flood way plus 20 feet information be indicated on plans, and lots redrawn i needed at the time of preliminary plat submission in accordance with FEMA regulations; - .-^- ._----~~"'--,- " ---.~. ..~__m_''^_ .. '. AREA NOT INCLUDED t ... . . . . .. .;., . ~.:~..;"~~t;(:~it~~~;:~~..;~_ ...... --,;~ I I I I v I ~ SITE I ,.J. I r I I I "T1 C ::0 2 )> 0 Z ~ 2 C z 8 n c '") 2- ~[ , Rezoning Application N Z93-023 Erwin Tract FIRM Map, 1" = 400' : I AREt 7T INCLUDED I i : ; .. .. I ! SITE , ~ . , . , - I I I I I - ! I i i i I . , L ::0 "> p I.. '" Rezoning Application J zr~ Z93-023 n n Erwin Tract 0,0 c c Floodway Map, 1" = 400' z,z -I -I ...... -< -< . ~.,-_._._~-......","",",_.,..."..,..,."",."..~ ~ =0...."_.--., __ .~...~" .' .~ , . f-"i - DUBLIN PLANI\UNG AND ZONING COMMISSION RECORD OF ACTION September 8, 1994 CITY OF OtRLI\ - Iiiii\,>~ The Planning and Zoning Commission took the following action in the application below at its regularly scheduled meeting: 2. Rezoning Application Z93-023 - Erwin Tract Location: 30.092 acres located on the.south side of the north fork of Indian Run, approximately 1200 feet west of A very Road. Existing Zoning: R-l, Restricted Suburban Residential District. Request: PLR, Planned Low Density Residential District. Proposed Use: Development of new single-family neighborhood of sixty, SO-foot minimum width lots and 3.9 acres of parJdand. Applicant: Mil Schottentein Homes, Inc., clo Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, OH 43215-4199. MOTION: To table this rezoning application as requested by the applicant to allow unresolved issues to be worked out with Staff. VOTE: 6-0. RESULT: This rezoning application was tabled without discussion. Rezoning Application Z93-o23 Erwin Tract '-'""-- History _"_,_.__,,"__W . ". . RECORD OF ACTION DUBLlN PLAN!\'1NG A1\1]) ZONING COl\1MISSION :May 5, 1994 CITY OF DrBLI~ The Planning and Zoning Commission took the following action in the application below at its ... regular meeting: ... 2. Rezoning Application Z93-023 - Erwin Tract Location: 30.092 acres located on the south side of the north fork of Indian Run, approximately 1200 feet west of A very Park. Erlsting Zoning: R-1, Restricted Suburban Residential District. Request: R-3, Suburban Residential District. Proposed Use: Development of new single-family neighborhood of 80-foot minimum v,1dth lots. -. Applicant: MIl Schottentein Homes, Inc., c/o Ben W. Hale, rr., Smith and Hale, 37 West Broad Street, Columbus, OH 43215-4199. - . ~10TION: That this rezoning application be tabled per the request of the applicant. . VOTE: 5-0. RESliLT: This rezoning application was tabled to allow the applicant to resolve several site development issues with the property owner to the west. - STAFF CERTIFlCATION BY: - ~11.~ Barbara M. Clarke "Director of Planning Rezoning Application Z93-023 Erwin Tract History - ~--','._,~~,~-,~,,",,",,"."~~'~,~~~~,~ ^- -.-" -'~'.,~'- ,",.~.,^~y~:~ ~.. - 17: 1)'--"'" , ~:jT). f;f Dl.j3L!~; Departmuu of Development .....ivisilJn of P!iJn.ning il$.<.~.. RECORD OF ACTION DUBLIN PLANNING AND ZONING COMMISSION DECEMBER 10, 1992 The Planning and Zoning Commission took the following action in the application below at its regular meeting: 12. Concept Review - Proposed Erwin Suodivision location: 30.:!:.. acres located on the south side of the North Fork of Indian Run immediately to the west of Avery Park. ExistinQ Zonina: R-1, Restricted Suburban Residential District. Reauest: PUD, Planned Unit Development District. Pro Dosed Use: 78 single-family lots. .ADDlicant: Ted Lenker, 6189 Memorial Drive, Dublin OH 43017. .. _S"'fII MOTION: To disapprove this concept review with regard to the density, access, and layout issues as well as other items listed in the staff report. J 't,1k,,:..wi VOTE:' 6-0 RESULT: This Concept Plan application was disapproved. The plan may be revised and presented at a later date to the Planning and Zoning Commission, or this plan may'be forwarded to City Council for consideration. The Concept Plan is a non-binding review, and the applicant may pursue either of these courses of action. STAFF CERTIFICATION: ~Yn ,(!gj~ Barbara M. Clarke Acting Planning Director Rezoning Application S~31 Posl Rod, Sui/t 1120 Dublill, Ohio ~3017 Telephone: (6U) 76 Z93-023 .'.~ Erwin Tract 'J..f; I:tnrv .._~_.~.m~~_ Dublin Planning and Zoning Commission Meeting Minutes - December 10, 1992 Page 17 3) That the use of only opaque canopy materials and total cut type lighting fixtures of the same color and wattage as other center restaurants; and 4) That the sign comply with the Code limitations. Mark Pottschmidt, applicant, said he did not have the m erials with him, but they would be compatible. Mr. Jones asked if this restaurant will look like other estaurants. Mr. Pottschmidt said yes. He agreed this included using cut-off lighting fixtures paint GN-19, and an opaque canopy. All other materials will match the building. Mr. Campbell made a motion to approve is application with the following conditions: ... 1) That they demonstrate the terials and colors at the meeting to assure co consistency with the - Dublin Village Center I! ene; . // 2) That any new mech 'cal units; including any on the roof, be screened to comply with de; 3) That the use of 0 opaque canopy material and total cut-off type lighting fixtures the same color and watta as other center restaurants; and 4) That the si o comply with Code limitations. Mr. Fishm seconded the motion. The vote was as follows: Mr. camPb~ es; Mr. Fishman, yes; , abstain, Mr. Leffler, yes; Mr. Manus, yes; and Mrs. Stillwell es. (Approved 5-0-1.) Preliminary Plat - Chadwyck Place This application was withdrawn by the applicant at the begi * 12. Concept Review - Proposed Erwin Subdivision Mark Jones presented the slides and Staff report. This site was reviewed informally by the Commission on April 9, 1992 with a different proposal. That plan had 90 lo~ to the south of the Indian Run, no .. connection across the stream and a 10-acre site for school or church use along Brand Road. The site was also reviewed as a formal rezoning application for a total of 109 single-family lots with 9.16 acres of park requesting a change from R-l, Restricted Suburban Residential District to PLR, Planned Low Density ...... Residential District, on June 4, 1992. The Brand Road frontage has been excluded from the application. Only the 30 acres to the south of Indian Run is being considered, and the proposal is for 78 new lots with 4.4 acres of vacant woods. As a Concept Review, this is non-binding on all parties. After a recommendation is made here, the plan will be forwarded to City Council for consideration. Approval of the Concept Plan is considered to be authorization for the applicant to prepare and file a rezoning application. Staff believes that the access and density issues have not been resolved as yet. The access shown is solely through another subdivision and the west-of-Avery corridor is specified as two units per unit in the Community Plan. A portion of the site is subject to a sanitary sewer division. Mr. Ted Lenker, applicant, said there are only 78 lots in this plan. He said this application has been dragging on since late 1991 not only because of the concern of the Staff, but most importantly, one of economics. He said the demand for homes over $300,000 diminished rapidly about 1986. There is a demand now for developments with smaller lots ranging from 65 to 80 feet at the buildable line, and Rezoning Application Z93-023 Erwin Tract R,dnrv ~ ,~'-"'.~,""",~~,"-"='"'~~~~''''''';'-'' ._'~',_'.',,",._ .c' ,--,_.--,^-"" 'U j:;! .....Ij{ ,', 'l':tnii" - -1 ~ '-'1'1 Dublin Planning and Zoning Commission Meeting Minutes - December 10, 1992 Page 18 homes ranging from $120,000 to $180,000. He gave to the Commission, a real estate selling record for September, October, and November, 1992. He referred to the Staff report and said that two to an acre is very difficult, especially with A very Park, the water tower, the cellular tower, and the garage next door. He said it is not good planning to provide for a bridge onto Brand Road due to the flood plain, and its placement behind the water tower. He said Mr. Starkey (property owner to the west) is well aware that Tullymore Drive (60 feet wide) will continue through and beyond this property and any plan will require Tullymore to cross Indian Creek where the minimum flood plane exists and connects to Brand Road. He feels the through traffic can be dealt with when the Starkey property is developed. He - said the proposed park will be dedicated to Dublin although the Staff report says it will not be. He agrees to provide the park area and the developer will grant that in lieu of a park fee. He said the woods is the most valuable property in the entire acreage. He agrees to provide accesses to the park and A very Park - in working with the Staff and the Parks and Recreation Department. He agrees to donate 4.5 acres of heavily wooded property. Due to sewer capability, the north of Indian Creek can not be developed. He agrees to work with Staff regarding their concerns for the flood plain, the dedication of the park, preservation of the wooded area, tree preservation, bike path, required fencing, and the few comer lot details. There are now very few comer lots on the revised plan. This particular tract and Starkey's will be a continuation of Wyndham Village, all with net densities ranging from 2.4 to 3.3 per acre. Mr. Lenker said when the sewer line comes up underneath MuirfieldDrive or Brand Road, it will serve the area to the west of Ms. Headlee, and to the north of the A very Park water tower and the northern part past of Indian Run West. The only area that can be developed is the parcel of 30 acres plus 100-128 acres with the Starkey property. The Community Plan calls for the extension of Tullymore Drive. He said by looking at the flood plane, the best place for Tullymore is through the Starkey property. Mr. Fishman said he is not happy with the density. The Community Plan should not be changed. Mr. Lenker said to expect this property to be developed at two per acre plus the park dedication next to Wyndham Village is unreasonable. Developing in this area with a water tower, Cellular One tower and a garage at two to the acre does not support that low density. Mr. Lenker asked if this could be approved at the same density at Wyndham Village (2.5.) Mr. Campbell said no. Mr. Fishman said the other conditions are not being addressed, Le. the Brand Road access. Mr. Manus said the Brand Road access is alright because the applicant is not taking the property north of the treeline. Mr. Lenker said he can not possibly extend a street to Brand Road because there is no sanitary sewer that far north. Mr. Fishman said everyone wants more density. He said this should follow the Community Plan at two to the acre. Mr. Lenker said the Community Plan was made in December of 1988. In the past, 3.6, 3.7, and 2.6 densities have been approved. Mr. Leffler said the density needs some adjustment, and he doesn't support this application. Mrs. Stillwell is in agreement. Mr. Lenker said he would appreciate working with someone on the.density. He said Mr. Starkey would like to see this application denied so he can buy the land at a discount price. Mr. Leffler made a motion to disapprove this concept review with regard to the density, access, and layout issues as well as other items listed in the staff report. Rezoning Application Z93-023 Erwin Tract ..~ History -~-~~,.-,- ----..,~.."_.,-~-,- Dublin Planning and Zoning Commission Meeting Minutes - December 10, 1992 Page 19 Mrs. Stillwell seconded the motion. The vote was as follows: Mr. Campbell, yes; Mr. Fishman, yes; Mr. Geese, yes; Mr. Leffler, yes; Mr. Manus, yes; Mrs. Stillwell, yes. (Denied 6-0.) Mr. Jones said Staff will work with Mr. Leffler to resolve some of these outstanding issues. 13. on proposed Capital Improvement Program Ms. Clarke said the Capital provement Program, CIP document given to the Commission sets out the ... expected income and the les for capital improvements and the projects to be undertaken wi . the next five years. Several them are projects that have been begun and the largest one is deep tunnel sanitary sewer. e other projects include the EP A mandated detention basin, th uirfield Drive ..... extension, the uller Road reconstruction, and the S.R. 161 project from Frankli o Dale Drive. . The overall co ept and design of the first phase of the Community Center is fun . There are a number of con rns that this Commission might want to see incorporated, and the 0 . t of presenting this tonight is make sure this body has input to Council. Mr. Geese said in the past, the engineering department put t ther a list of future road improvements. Is this done with capital money? Road resurfacin not included, but new roads and major improvements, such as widening, are included. ked if there is a capital improvement program developed for streams and flood plains or am. tenance program. Randy Bowman said the City does not presently have a plan for maintenance tream beds. He said this is handled on a complaint and/or emergency basis. Mr. Kindra has pro ed to the Service Committee that a comprehensive stormwater management plan be implemented . Leffler asked if federal money is available for this. Randy Bowman said there might be. Mr. Campbell said th ervice Committee met December 3, and there was a discussion about the Planning and Zon Commission's motion asking Council to investigate the stormwater/streambed e Council meeting after that, the matter was referred to the Service Committee. Service Co ittee was concerned about whether the streambed is always the City's responsibili Law Di tor has stated that it is not necessarily a City function alone. He said much of the s are on . ate land. If they went onto private land to work on the streambed, taking the risk t unless the .. ner gave an easement or permission to be on the land, the City could be liable any property damage. Permission should be received from property owners to be on the land to s lee the creekbeds. He said once the reports come back from the engineering and law office about th treambeds, they would - go to the Service Committee, and they would make a recommendation to C ncil in terms of how much money would be allocated to this. Will this be a major capital improve t project for the five-year plan or one that would be able to be handled on the annual CIP list. H aid there sometimes is money left over at the end of the year to spend for this kind of things. Mr. Geese referred to the intersection of Coffman and P Roads and said be doesn't understand why turn lanes are not installed. Mr. Campbell said the ldge is in line to be replaced in the next year. Notification was just received that the State Issue 2 oney has been approved for this project. Mr. Geese said this has nothing to do with the turn lane ere. There is a bottleneck when people want to go to White Consolidated Industries and the high 001, and he suggested widening Post Road to permit a right (north) turn lane and a westbound lane andy Bowman said he thinks the plans for the bridge might include some improvements to the int rsection of Coffman and Post Roads. Rezoning Application Z93-023 Erwin Tract Historv .. _~...,...___~","", _.' ~. _". _.__~~~-_~"~,"~,~, '._... . ",",,'.M" ,~.. , ,~: "(ij~ ,', " r''''!~ '- , '1 , CITY OF DU:BLIH 6147616562 P.02 / / ZCf3,.-D-ZJ , Parks & Recreation :Page Eight Committee :Meeting Minu!Cs July 8, 1992 ~ m. Erwin Tra+ The staff has not at anytime recommended approval of this plan. It bas been tabled several times, staff is of the opinion that this piece of property will not work on its own, it will need to be p:a.rt of the adjoining property to the west. The developer has been told that the - present location of the parkland is unacceptable. Property is located on the south side of Brand Road, appro::::imately 1600 feet west of Avery Road. The most charac:eristic thing about tl'js site is the continuation of the Avery Park woods and the stream. One thing we do have to deal with on this property is the continuation of Tullymorc Dr. through the proposed subdivision, it will take a small portion of the woods. If this property owner would join efforts with the owner of the property next to his, the road could swing to the west and it W Duld preserve more of the woods. If not, the developer does have the right to have access to his property. Basically, the economics of this development do not work unless lots can be sold in the woods and what we are saying is that we don't want development in the woods. He is, howe...'er, continuing through the process. Janet stated that she had made a very specific statement at the last P & Z meeting regarding the woods stating that the woods is the most desirable pla(:e to have the public land. Motion Made by: Marcia Wood Seconded by: George Bell "The Dublin Parks & Recreation Advisory Committee supportS and recommends that the park dedication for the Erwin Tract be located in the wooded area adjoining the Avery Road Park Woods.. & ",'.Ji' Kirk HuTtO Kent Underwood Ted Ingalls Marcia Wood George Bell Bill Chambers Janet Jordan yes yes yes yes yes )'es yes IV A vel1' Road Mixed Use Co ept Plan Locati.on . northeast er of Rings Rd. and A very Rd. commercial, condo's, and k. Park dedication is 14.5 acres. History - W Tuttle Road was annexed, there was much . ussion by City Council on appropriate 1 a use for the quad..~t. One of this things that done was the S. W. Area plan. Some this has changed, and the existing neighborh 1S expressing concerns. Parts of this p ~re very good and other pans need to be re-examined. The City has commission Bobm BJ Consultants to rework this plan. Rezoning Application Z93-023 Erwin Tract ...... History m__'___~~____ C I T y 0 F D U B L I N Deplftment of Plar.r.ir:g & Deve/opmer.t ... RECORD OF ACTION DUBLIN PLANNING AND ZONING COMMISSION - JUNE 4, 1992 The Planning and Zoning Commission took the following action in the application below at its regular meeting: 2. Rezoning Application Z92-012 - Erwin Tract location: 45.203 acres located on the south side of Brand Road approximately 1,600 feet to the west of Avery Road. Existina Zoning: R- 1, Restricted Suburban Residential District. Reauest: PLR, Planned Low Density F1esidential District. Prooosed Use: 109 single-family lots. Aoolicant: American Home Building Corporation, c/o Randall J. Asmo, 5720 Avery Road, Amlin, OH 43002 and Christopher T. Cline, attorney, 37 West Bridge Street, Dublin, OH 43017. The Commission discussed density, layout, lot size, tree preservation, floodplain, and park considerations for this site. The applicant was encouraged to work with the staff on the items contained in the" Additional Information" section of the June 4, 1992 Staff Report. - MOTION: To table this application. - VOTE: 6-0 RESUl T: This application was tabled. STAFF CERTIFICATION: \A ~ ~" ~v.A- ~i\, l' ~ JL Barbara M. Clarke Acting Planning Director ReZOning Application Z93-023 5131 Post lid. Suite .,02 Dublin, Ohio 43017 674.761.1 Erwin Tract Historv - . '.' -.-- ~,~ "--'""~-""''''',-,.--",,,''''''..- 1'~' '. Iiii' v' If"- Dublin Planning and Zoning Commission Meeting Minutes - June 4, 1992 Page 7 in the Southwest Area Plan than is be' proposed in this concept plan. Mr. Yoder said there was a compromise made tween the developer and the neighborhood. Mr. Rauh said there are some uses own on the Southwest Area Plan that differ from he main uses that we see in s Concept Plan. Also, this Concept Plan does no elate a it in the Southwest Area Plan now. Mrs. Stillwell conded the motion. The vote was as follows: Mr anus, yes; Mrs. - Stillwell, ; Mr. Campbell, yes; Mr. Fishman, yes; Mr. Gee , yes; and Mr. Rauh, yes. ( proved 6-0.) ~ r. Geese told the audience that the Revised Preli !nary Plat for Coventry Woods would be heard seventh on the agenda rather t last. 'X 2. Rezoning Application Z92-012 - Erwin Tract Ms. Clarke presented the staff report and showed slides of the site. She said this is a rezoning application for a parcel which fronts on Brand Road. This is a rezoning application to rezone to the PLR, Planned Low Density Residential District for single- family subdivision. The area is very flat with the exception of the Indian Run which runs through it. The proposal is to construct 109 single-family lots with 9.16 acres of park. The Code requires parkland of 6.89 acres. Staff has suggested dedicating more of the wooded area which abuts Avery Park instead of the proposal for habitat and natural purposes. The northern portion of the site and the southern portion are in different tributary areas. There has been a diversion for sanitary sewer granted by the Acting City Engineer and the letter was distributed in the packets. The area to the north of the Indian Run, the applicant's last phase, will be developed when the appropriate sanitary sewer is extended into this area. The linear nature of the site makes an imaginative layout velY difficult. The staff is concerned that although the w",t, applicant has combined 70, 80, and 90-foot lots to give a variation in lot size. There are problems with many corner lots, being difficult to develop. The west of Avery corridor has been set aside for and planned for maximum density of two units per *'t<\<-.;># acre. This proposal shows a gross density of 2.41 units per acre. The applicant has asked for a density trade-off for the bridge across the Indian Run to extend the roadway to Brand Road. The last time this was reviewed, staff made it clear that extension of the road to Brand Road is essential access for this land to develop properly. A density trade-off is not appropriate for something that is essential for this site's development. Staff can't endorse the plan as it has been submitted and staff recommends disapproval on the following bases: 1 ) The density is inconsistent with the Community Plan. 2) The plan does not demonstrate a desirable layout for a residential area. 3) The lot width in the wooded area is inconsistent with other projects in the area and with the goal of preserving trees. 4) The park is larger than required but does not meet greenspace goals for the area. Rezoning Application Z93-023 Erwin Tract ~o~ History ."~--~-,^"'- Dublin Planning and Zoning Commission Meeting Minutes - June 4, 1992 Page 8 Mr. Chris Cline, attorney for the applicant, said this site will develop residentially and they will try to make it work. The treeline on the west side is significant from a development standpoint because this site will develop as it is seen. Another item not yet discussed which is very significant is the greenspace area. The creek is about 15- 20 feet wide and a couple of feet deep with very mature trees. This site has to live up to community standards and make the economics work. They are aware that the lots in the wooded area should go larger and they will accept 100-foot lots. These streets are scaled to 60 feet of right-of-way and the Code requires 50 feet. This will - give another 10 feet of trees to save. Regarding the density, the former plan was 2.0 but there was no access to Brand Road. The connection to Brand Road can be made by using the road, but trade-offz; are needed because the school and the church site - do not provide needed money. He estimates $250,000 for the bridge to Brand Road. There will be another issue acrOss Avery Road before this Commission in a short time which is 2.59 units per acre. Avery Park is an impact on this site. There is a lot of noise, lights, and people coming from Avery Park. This site provides a very high quality wooded area and it would seem that the City would want to preserve a bikeway along this creek as in other sections of the City to connect the subdivisions to the west and to connect into Avery Park. This park would be more of a neighborhood park. Another challenge is splitting the tributary areas. It will be several years before a third of this land is developable. If the City bought the wooded area, it would run down the value of the balance of it. No land owner will sell the best part of a site and retain the balance of it for a later date. Mr. Rauh said the Additional Comments section of the staff report sums up staff's position: "The PLR District is certainly a workable district for development, however, the floodplain, park, preservation of wooded character, layout and phasing issues are not satisfactorily addressed at this stage. Staff would recommend additional work on tree preservation, bike path extension, fencing, no-build zone, and corner lot development details." Mr. Cline said the City has not told him where the bikeways .. are to go. Ms. Jordan said the bikeway into this project will be coming up on the west side of Tullymore. A bikepath easement connection, at about midway, to connect with Avery Park could be integrated into the plans for Avery Park. It will not - come up the stream. Mr. Cline said the trees will be preserved much in the same way as in Lowell Trace and Wexford Woods. The lots sizes in this development are consistent with the lot sizes in the immediate vicinity. Mr. Fishman said he would like to see the density at 2.0. Mr. Cline said with the changes that will be made, he doesn't see it at 2.0. Mr. Campbell said he doesn't accept the position that because there is a treeline on the west side that this has to develop independently of anything to the west. Even the plan shows that the treeline will be broken in a couple places. The bigger problem will be coordinating with an adjoining property. There is greater density to the south and east, but the general approach of the Community Plan is that at the north and west, the density is lower. Rezoning Application Z93-023 Erwin Tract History llIIIlII .' . .' ,~,~'"~~'"~'"~.~~- "","~..,,-,, Dublin Planning and Zoning Commission Meeting Minutes - June 4, 1992 Page 9 Ms. Jordan said the Parks Division feels very strongly about the preservation of this woods. This is one of the largest stands of woods in the City and adds to an existing park. It is an important natural amenity to the park. There is a neighborhood park on the very northern part of Wyndham that can also serve some of the neighborhood park needs of this neighborhood. Mr. Manus made a motion to table this application. Mr. Fishman seconded the - motion. The vote was as follows: Mrs. Stillwell, yes; Mr. Geese, yes; Mr. Campbell, yes; Mr. Rauh, yes; Mr. Fishman, yes; and Mr. Manus, yes. (Approved to table 6-0.) - 3. Preliminary Plat - Dublinshire 4 Ms. Clarke presented the staff rep and showed slides of the site. Dublinshire Drive will be extended westward to et Muirfield Drive and then will be extended through the subdivision to meet with Wynford Drive at Avery Road. There will be an east/west connection Ith several interruptions to discourage speeding. Bear Run was channelized deepened to improve drainage last year. This area is subject to a pending rez mg application. 41.4 acres are still zoned R-1. The public hearing for this rezo . g was held this past Monday night. Council is scheduled to vote 0 the 15th this month. Anything that is contained in this preliminary plat to be s ject to zoning approval by City Council. The developer originally ied to have this property rezoned R-4. Between the influence of the staff an is Commission, he has amended to a planned district (PLR), and has integrate e Earlington site with the larger 41 acres. There is a rossible high school to b cated to the north of this site. A bikepath will parallel the north side of Dub' hire and Wyndford Drive. In terms of preliminary plat, staff feels that t . complies in major part to the requirements of the platting procedure. Th e are several areas which will require ~~ further documentation and staff is reco ending approval subject to the following conditions: - 1 ) Submission of typical reet section, cross section of proposed mounding and details of entry tures and landscape programs for Avery and Muirfield frontages, su . ct to Staff approval; 2} Designati of floodway and flood way fringe areas and bikepath on plat; 3) Revisi of plat to show Reserve 1 as a stub street (which can be down-graded if rcel to the north becomes a school site) and additional access ease me s 'nto park; Widening of or demonstration of design considerations on cor r lots to improve aesthetics of neighborhood, also demonstrate that bi path will not interfere with Lot 1; 5) Dedication of the off-site park (cross-hatched) area wit e park on this site, with the understanding that it will be used as a par redit for this developer on another site; 6) Increasing the minimum setback along Wynfo and Rezoning Application Z93-023 Erwin Tract ,.. History << C I T Y 0 F 0 U B L I N Cepirtment of Planning & Du'elcpr..ent lIIlI RECORD OF ACTIO~ DUBLIN PLk'\1\-r\G A!\"D ZO!\1NG CO!\L\fiSSION APRIL 9, 1992 - The Planning and Zoning Commission heard the application below at its regular meeting: 5. Informal Application - Erwin Property - Proposed Subdh'ision Location: 45 acres located on the south side of Brand Road, approximately 1,400 feet west of Avery Road, abutting Avery Park. Existin~ Zonin~: R-l, Restricted Suburban Residential District. Reauest: Informal review of land use and layout. Prooosed Use: A 90-10t single-family development to the south of the Indian Run with a church/school site to the nonh of the Indian Run. Aoolicant: American Home Building Corporation, c/o Randall J. Asmo, 5720 Avery Road, Amlin, OH 43002. RESL"LT: This was an informal application. The Commission raised several issues in their discussion. They included connecting Tullymore Drive to Brand Road, involving the property to the west to achieve a better layout, storm water'management, the issues of parkland dedication and an Avery Park-connection. Several members - also expressed the opinion that the proposal was too dense. There was no vote. This case will be rescheduled at a future Planning and Zoning Commission - meeting following submission of a formal application. STAFF CERTIDCA TION: f .~ ~") \. ~ !\ "11 \[)~ Yy~ l, Ul...l~ Barbara M:. Clarke Acting Planning Director Rezoning Application Z93-023 Erwin Tract 5731 Post Rd. Suite <<702 Dublin, Ohio 43077 614.761.6553 History ... ~----=-'-~..'.'..~ ,'.'... "-._'.~..~--,'-~~- ""'= ~,-,'_...'--~~~ - Dublin Planning and Zoning Commission Meeting Minutes - April 9, 1992 Page 17 CASE 5: Informal Application - Erwin Property - Proposed Subdivision. Ms. Clarke presented slides and the staff report. The site abuts the backside of Avery Park and the water tower. It is located on the south side of Brand Road. - The Indian Run bisects the property. There is a tributary line that runs through it. The site is in two different sanitary sewer tributary areas. The area to the north of the stream is to be reserved for church or school use along Brand Road, and the ~ rest of it to be laid out as single-family lots. Tullymore Drive will come up into this site from the south end. The applicant proposes no connection across the Indian Run between the two areas. This is an informal application, and if it gets good' response, the applicant will file a rezoning petition requesting a change from R-' to PLR, Planned Low Density Residential District. The west of Avery Corridor has been designated in the Community Plan as suitable for residential use with a maximum density of two units per acre. As shown, the density is two units per acre with the school site exempted, as happened in Wyndham Village. No stormwater detention is shown. MORPC standards must be applied. Staff would like to work with the developer to come up with a more suitable park arrangement. The proposed park is strictly the floodplain along the creek and doesn't attach to Avery Park and is not very accessible. The development needs a good connection to Avery Park. Also, Tullymore should be extended all the way to Brand Road. The street layout takes all traffic through another subdivision and doesn't really provide for any arterial access of its own. Staff feels strongly that either on this site or on the neighboring site on the west, the final destination for Tullymore extension will have to be shown which crosses over the Indian Run and is then extended to Brand Road. Staff feels that the zoning district is appropriate and that the density may well be appropriate, but the street layout and the park ~.. configuration pose some problems. We would not recommend approval of this layout as shown and we would strongly encourage the applicant to work with the .-~ property owner to the west due to the extreme narrowness of this parcel. If it were wider, it could be a much improved lot layout for single-family subdivision. The applicant would like input from the Planning Commission before going on with those more expensive rezoning drawings. Jeff Glavan, planner representing the developer, introduced Bob Davis, the developer, and Randy Asmo. Under the concept plan they tried to divide into three sections. One is planned for residential single-family development, another is for either proposed school site or church site, and then there is a future park area. The plan is being presented in a concept format for comment from staff and the Commission. The residential section does not have a through connector going to Brand, primarily for the purpose of maintaining the front part of the site for either a school or church site, but we did make stub provisions to tie into the adjacent property to the west. They would look forward to meeting with that property owner and hopefully be able to continue with that format of development. Mr. Rauh, felt that the Tullymore connector was the biggest problem. Rezoning Application Z93-023 Erwin Tract - History "-.; Dublin Planning and Zoning Commission Meeting Minutes - April 9, 1992 Page 18 Mr. Fishman stated that it is always difficult to deal with a long, narrow piece of property and felt that the developers will have to be very creative. Cooperation with the property owners on the west is going to be critical. Mr. Glavan said the site was 3,647 feet in depth from Brand to Wyndham Village Section One and 554.98 feet wide. .... Mr. Manus was concerned with the access to the street layout. He felt it was very - dense. Mr. Glavan said that the lot sizes vary and there is a mixture of lot sizes. Mr. Leffler felt there should be a street to Brand Road as well as to the south, perhaps opening up another accessway. He was concerned that it looked dense. Mrs. Stillwell liked the idea of a planned district. She was interested in parkland, access, traffic circulation, and street layout and 70-foot lots with trees. Mr. Manus inquired as to how much of the property was treed. He felt that 70-foot lots were too dense for wooded areas. Mr. Glavan said primarily the lots to the east are at 75-80 and the middle section are identified as 90s and 100s, and the lots located directly to the west are identified as 70s. Because this was an informal discussion, no action was taken. - CASE 6: Informal Application - Rev:' on of Kentigern - Ms. Clarke presented slides the area and the staff report. Kenti rn is located on Muirfield Drive, next the Country Club and its tennis court . Kentigern was approved as a cluste ousing project. All of the units were have a southern California look an minimal setbacks. Only a few houses ve been built. Some of the lots are et diagonally. The developer is interest in replatting the existing subdivisio ost of which is vacant. The utilities ar In and the streets and bikepat onnections are completed. He would Ii to replat it in a far more trad. . nal single-family layout. He would like to eplat it mostly as 80 foot lots reducing from 44 to 34 units. Rezoning Application Z93-023 Erwin Tract History - " , , "-if -''':'..:.I..j-IU~ 1-'.U1 "'-.....'""~- ---~ ~e.I/I.S~c{ - CITY OF DUnLIN PLANNING AND ZONING COHHISSION AN APPLICATION FOR AMENDMENT FOR P&Z C Use Only OF TilE CITY OF DUBLIN ZONING Application NOI DISTRICT HAl' 2H. :z. 3-023 (ReclasSification of Land) DlIte Fllod: II Jd ? Fee Recetpt Received by: ~. ~ LJ-A (27 ( -=- Piease type or print InCormlltion - Ula additional sheets as necessary r~ TO TUE JlONORAnLE PLANNING AND ZONING COMMISSION: The Applicant M/I Schottenstein Homes, Inc. ~''"'" (Hsve property 1n contract) botng tho }RlPXlXX~/lusee(s) of property located Within the area proposed for ~ingle family residential, ~se ,I , requests th~t the Collowin de~cribod land to bo placed in the Planned Low Density Residential District . A. DESCRIPTION OF LAND TO DE RECLASSIFIED 1. Genersl Doscription of Land (describe by ono of tho follouing): 4. Lot(s)/Reservc(s) of - . Q rocorde~ plllt, With an aroa of . b. Deginning At ~ point along (street or other) - and botna _ feet 1n 4 H SEll diroction from the (specify) of __(Streot or other), and thence having n di_ons!on of from the (specify) of - . ~ - - - _(street or other), Qnd h~vlng an area of '~ . c. Tho tract of land COntain1ng -- Acres and bounded by: - __(.poeLfy) on the H SEW (Circle) (specify) On the N SOt V (Circle) _(speCify) on the H SEll (Circle) - _(speCify) on the N S ~ 11 (Circle) d. AttAched legal dQ8Cript{o~:YES X - -- NO -- - : rn ~ & ~ n VI ~f[\l 1.2 61994 i:~" . I.. j J Pllge 1 of J CITY OF DUm,!j\l ~~'II ,-, ~od l.oninR District nound~ries .~) copies of mAp accurately. drAwn to 4n appropriate Icalo (to fill a cheet of . lass thlln 8~ :Ie 11 inches and not more than 16 x 20 1oel1os). The map ChAIl be .dontified and submitted in addit10n to tho Conoral Description of Land. Tho mllp 5h411 include All land in. the proposed Chango and ~ll land vi thin five hundred (SOO) foot beyond the limits of the'proposod chango. To be shown on tho map - nil property 11nos, stroot right-of_way, easements and othol:' InfonDlItion robted to tho locntion of the proposed:boundnrlos lInd shlll1 be fully dimensionod. Tho mnp shall show the Qxisting and.propos.d.Zontna District.or Special District boundnrtol. - List All ownors of property within and contiGuous to and directly across the streot from such arOa proposed to bo rezoned. The addresses of the owners shAll be those appearing on tho County ^uditor's current tAX lise or the Treasurer's mAiling list. - ~ ADDR!SS SEE ATTACHED SHEET - - B. AnCllMENTSFon UCLASSnIC<\TIOH OF TilE DESCRIBED LAHD 1. Proposod Uso ~r Development of tho Land: The property is to be - developed with single family residential units - . PLANNED D!V!LOPKEHT ZONING DISTRICTS nnd SPECIAL DISTRICTS submission of three (3) Copies. of 3 Development. Plan and other dOCuments anEl two (2) ~ capias shall be retllinad as a permanont public l'ocord tf approved. For other Zoning Dlstrlct.~ such planl or other exhibits ~ould be helpful - to the rovlew.of this application. . Plans And Exhibits submitted Plot Plan ; BUilding Plan ; Development PIQn ; Sketch . - ----- --" Photographs _____; Other (specify) 2. Stato briefly hov the proposed zoning And develop~ent relates to the existing And probnbly future land USe character of the vicinity. The requested zoning classification compliments the surrounding _a_._. . use since the. property to the south is,developed as a subdivision and property to the north across Brand Road is also being rezoned for single family use. Therefore the proposed use relates to the existing and future character of the area. - PlIgo 2 of 3 PQGes .. . ..._,-,~-"._, '.~~-'''~.''~ . I Has an application for' rezoning of the property been denied by the City 3. Councll within tho l..t two (2) y.....1 YES NO X If Yes. state the basis of reconslderatloD j C. AFFIDAVIT ~~ Before cOllplet1na thU 4ppl1c4tion and executina the (ollowing llfl1dllVtt.. it is recommended tbat this application be discussed with the BuIlding Inspector to insure completeness and accuracy. . Present owner of property: ~ APPLICANTS'S AFFIDAVIT STATE OF OHIO COUNty OF FRANKJ.IH.J. I ..... Jeffrey L.Brown ..... du'7 ''''., dep... ..d .a, tbat . "~~b~ ....,(.~~.) .r b.... duly sworn, depose and say that I am,..,..... eo e~ (5)/II....IIII.h) of land included In the application and that the (ore8~iRies~3P ment herein contained and attached, and info~tlon or attached exhibits thoroughly to the best of mY~ablllty present the arguments in beh8Jf of the applicaL;on herewith submitted ~nd.that tho atat.mencs and attached exhibIts above referred to are in all respects true and correct to che belit of my/... knowledge and beltef. ~~na~~ c/o Smith & Hale 37 W. Broad St., Suite 725 Columbus, Ohio 43215 (Halllna address) -.. 221-4255 Subscribed and aworn to before me this Person to be contacted for details, if other tha Ben Hale 37 W. Broad St., (Name - - - - - - - - - - - - - - - TDo not ;Ylte SeTow thI.-IIne)- - - - - _ _ _ _ _ _._ _ _ D. RECORD OF ACTION 1. Withdrawn I ! Ileld to (Date) I (Date) 2. , P&Z Ca Da~. of Hearins Approved Disapproved HodU led J. City Councila Date of Hearing ~''''''l Approved DlS3pproved 1I_~~1'~ ~'" I nle epplicant/~ hereby acknowledges that epprovel of (his) ~ ~) Planned Low request for Densi ty Residential District by the Dublin flanning and Zoning Commission hnd/or Dublin City Council does not Constitute" guarantee or binding co~itment that tho City of Dublin will be oble to provide essential services such ss water and sewer facilities whcn needed by soid applicant. 111e City of Dublin will make every effort to have these services available ft~ ncerled. However, the rn"lel growth or t:he G'ty (II' Duh"n Dnd Northwest I11III Franklin County has stretched the City's ca,'acHy Lo provide thc$r.' $crv{ces to the limit. As such, the City of Dublin may be unoble to make all or part - of said faciUUes available to the a,)plicIlnt until some future date. Tho undersigned hereby acknowledges and understands the foregoIng. . August 24, 1994 ~ ~~~ Date Signature of Applicant or authorized representative thereof. On behalf of: - MIl SCHOTTENSTEIN HOMES INC. ^'I'JllcHnL ~ ......, . IIIIII! i" '- "ot ~ " -~-~ ~""", ~ ~ .'~'~'=" '< ADJACENT PROPERTY OWNERS: Walter L. Starkey 6503 Cook Rd. Powell, Ohio 43065 , City of Dublin Ohio 6665 Coffman Road ~~ Dublin, Ohio 43017 John & Kathryn Humbert, Jr. 1iiiiiA"!# 6909 Brand Rd. Dublin, Ohio 43017 The Shawnee Hills Land Company c/o Scherer Co. ATTN: K. Kerr 5131 Post Rd. Dublin, Ohio 43017 Michael & S.K. Eicher c/o Contrywide Title Corp. ATTN: Tax Dept. P.O. Box 10211 Van Nuys, California 91410-0211 David & C.B. Anderson c/o Farets Suite 1510 2401 W. Hassell Rd. Hoffman Estates, Illinois 60195-2001 David & Ann Daugherty c/o Braodview MOrtgage Co. ~ 95 E. Wilson Bridge Rd. Worthington, Ohio 43085 Donald & M.M. Smith c/o Fifth-Third Bank of Columbus Residential Mtg. Dept. 952 21 E. State St. Columbus, Ohio 43215 Avery Road Associates c/o Bruce Massa 42 E. Gay Street #604 COlumbus, Ohio 43215 ~;;"".-,.~ .~ , ., I . ~, .., .. . '. '. . - ' . '.' . '. . . . . , "~, : 30.092"ACRES ." . ..' :~ . . ; . .~.. . . . : : .: . . Situated. In the Slate of Ohlo~ cou~ty: of Frankllrl,Clty of Dublin, I~cated In VIrgInIa Military Survey No. 3009 and 6.162' and bel~g 30.092' acres of that traCt 8S conveyed 'to Erwin and: Erwin by deed of record 'In Official. ReCord 160.72114, 10072120, all references being to thole. of record 'In the Recorder's Oftlce,. Franklin County, OhIo, 8sld 30.092 ac~e8 being more partlcularty boundad and.~e~crfbed is'follows: .. BeginnIng at a PO.I~t at the riorthwesi;~~er 'ot" Lot: 30 of the subdivision entitled "Wyndham Village Section 1" of r.Co rd In PI it Book 74'; Pages 101 and 102, said pOint ... also being on the easterly line of that tract as conveyed to Walter L. Starkey by deed of record In Official Record'00368C191 Recorder's Offlce,Franklln County, Ohio and in Deed Book 282, Page 835. R'ecorder'1 Office, Union CountYi Ohio; thence along the easterly:lin'e of the said Starkey tract, North 16' 57' 4111 West, 8 distance of 2230.00 feet to a point; thence leaving the easterly fIne of the said Starkey tract and along the centerline of a meandering stream, the following dIstances and courses: North48D 02' 19" East, a distance of7~.00 f8$t; North 18D 02' 1 g" East, a .distance of 2qO.00 feet; North 33D 02' 19" East, a distance 01-100.00 feet; North eo. 02' 19" East, a distance of 100.00 feet; -., North 30. 02' 19" East, a distance of 105.33 feet; - South 79D 18' 32" East, a distance of 107.09 feet to a point In the westerly line of that tract as conveyed to The City of Dublin by deed of record in Official Record OOB28A20; . thence along the westerfy. line of those tracts a8 conveyed to The City of Dublin by deed of record In Official Record 00826A20.,and Deed .Book. 3493, Page 857, South 179 18' 32" East, a distance of 2529.95 feetto a point In the northerly line of l.ot 43 of the aforementioned subdivision entItled "Wyndham Village. Section 1"; thence along the northerfy:nne Of "Wyndham Villag~ Section 1", South 72- 33' 45" West, a dIstance of 543.98 feet to the place of beginning, contaInIng 30.092 acres, more or less. , Continued..... ................; .... ~,--,<,"",~,"","'- -- ~ . . W. .J JI . .... , . . ': ." .f .' . . . . ". ." i ': ,':; : : . I' :'. . . .. ':130.092~~ReS:. . "': 2"" . : .1 ... .. ~ .. 'I . . . Subject, h~wev.;, tQ ai, ;ega,l r1ght8.qr~~a'y"~di~.r:ea8em~ntl, If an~~'~ previous record. ': .! '.: ' : . '. I:' .. :'. . . . . '." . _ The' above description wa~ p"epared frt)m the best available records :and does not represent an .otualaurvey perlQrmed by thla firm; ;. '.' . ! : . . , .:':. , : i .. : _.~ I: . ; , I . I . :., . . . EVANS, :MECHVVART! HA~BLETON. & TIL TO~,'INC. ! . . . : Q~eJ~'.I?WJd : . Oonald L. Dibert Profesalonal SurVeyor No. 6425 DLD/mf ! ~ ! , , I i i I , I i : I I I I I ! . I . I I __ I I ~u ~/;J Y/YFp MIl SHOTTENSTEIN HOMES, INC. ? 0 !Y'~ v I", PLANNED LOW-DENSITY RESIDENTIAL DEVELOPMENT PLAN TEXT .'_._- -- '._.. ... ,,--.- The following information is submitted in accordance with the requirements of Section 1181.02(b )(2) of the Dublin City Code. A. The proposed location and size of areas of residential use, indicating dwelling unit densities, ... dwelling unit types, the total number of dwelling units for each density area and the total number of dwelling units proposed in the development plan: .... Gross acreage: 29.7:t acres Total units: 60 single family lots/houses Gross density: 1.99 dulacre Lot size: 80' of frontage on a dedicated right-of-way with a minimum lot size of 10,000 square feet Setback from dedicated right-of-way: will vary from 25' to 30' consistent with Wyndham Village subdivision setbacks Lot side yards: total of 18' or more with a minimum of 8' on one side Lot rear yards: for main buildings it shall be 25% or more of the lot depth but not to be more than 50' Maximum height: 35' No build zone: A 20' no build zone shall be indicated on the rear of the majority of lots on the perimeter of the site as indicated on the site plan. In several situations some lots have side yards on the perimeter of the site. In those situations the no build zone shall be 10' as indicated on the site plan. In either case all lots along the perimeter of the site shall have either a 10' or 20' no build zone. ~ B. The proposed size, location and use of nonresidential portions of the tract, including usable wtiI open areas, parks, playgrounds, school sites and other areas and spaces with the suggested ownership of such areas and spaces: Park open space provided: 5.49:t acres Park open space required: 3.9:t acres Location: see attached Preliminary Site Plan The park and open space provided is in excess of the requirement. The 5.49 acres of park provided will include the 1.59 acre deficit from Wyndham Village as requested by the City of Dublin. All park and open space areas shall be deeded to the City. C. The proposed provision of water, sanitary sewer and surface drainage facilities, including engineering feasibility studies or other evidence of reasonableness: 1 .... " - ~, - j1 . , . .c-.:;r-.-'t"f''!ioi!<ff Sanitary sewer and water shall be extended to the site from the current termini adjacent to the proposed development area Surface drainage shall comply with the requirements of the City of Dublin, Franklin County and all state laws and regulations. The applicant will establish a storm water drainage easement on the lot in the northeast comer of development for the detention of storm water run-off from a portion of the - development and then filter the water into the creek at the proper rate. The storm water easement will be located on private property and the deed language of the affected lot will detail the lot owners duties for care and maintenance of the detention area as it will not be """",,;t a responsibility of the City of Dublin. D. The proposed traffic circulation patterns, including public and private streets, parking areas, walks and other access ways, indicating their relationship to topography, existing streets or showing other evidence of reasonableness: See the attached preliminary site plan which shows the developer's attempt to provide a consistent pattern of residential development and road connections that will allow a road network and development to continue to the east. The extension of Tullymore Drive will have.a 60' right-of-way with three (3) lanes or 36' of pavement. Additionally a new east-west collector will be provided at a mid-point along the west side of the extension of Tullymore Drive as shown on the plan and it will have a right- of-way of60' and pavement area of28'. The proposed cul-de-sac streets shall have right-of- way of 50' and pavement width of 28' and shall meet all requirements for turning radii for construction and emergency traffic. Additionally each dwelling will have a two (2) car garage and area on the driveway to park an additional two (2) cars. The existing bike path will be continued north from Wyndham Village and located on the west side of the """-',:111 extension of Tullymore Road. At the new east-west connector located at the mid-point in the development this bike path shall cross Tullymore and continue on the east side of .- Tullymore to provide access to the park and the neighborhood to the north. E. The proposed schedule of site development; construction of structures and associated facilities, including sketches and other materials indicating design principles and concepts to be followed in site development, construction, landscaping and other features. Such schedule shall include the proposed use of reuse of existing features such as topography, structures, streets and easements. Upon completion of the zoning and obtaining of all plat approvals, utilities will be extended to the site. Construction shall commence thereafter. The applicant is committed to saving as many trees as possible and will provide a tree survey at the time the zoning compliance is applied for to start construction. The location of the park area of lots and its access way will remain fluid until the tree survey is completed and 2 '^~ the best location in the southwest corner of the site can be established to promote tree protection and minimal tree loss. The bike path access to A very Park from this site shall be field located along the northern edge of the park to effect the minimum amount of trees. The bike path which crosses over Tullymore Road shall provide access to this path to facilitate access to A very Park. The applicant will construct the 8' wide concrete bike path along Tullymore to the park access location. The City will construct the asphalt bike path within the park at its own expense. A secondary entrance point will be shown on the site ~. with a IS' easement shown between two (2) lots with 7.5' easement on each lot. The applicant will construct an 8' asphalt path on this easement to the park. - The applicant will institute a tree preservation plan to try and save as many trees as possible in the ~of each lot by placing snow fencing around the drip line of the affected trees during construction and by varying the location of the utilities where possible to prevent damage to existing root systems. It is anticipated that most tree preservation will be accomplished in the rear yards and will compliment the 20' no build zones located in the rear most areas of most lots. F. The relationship of the proposed development to existing and future land use in the surrounding area, the street system, community facilities, services and other public improvements. The development is adjacent-on the east side to A very Road Park. The road system is a continuation of the street pattern from the existing development to the south, and the eight foot wide pedestrian path will also be continued along the collector street and will cross Tullymore at the site of the new east-west collector to enter the park. The applicant will provide a letter of credit for that portion of the development represented by this subdivision as constructed on the total of the Starkey and Erwin tracts. The applicant will therefore provide a letter of credit for 16.22% of the cost of the construction of the bridge that will cross the north fork of Indian Run. The cost of the bridge will be established at the time of approval of the preliminary plat and the Letter of Credit will be valid for that amount II!!!\, for a five (5) year period following the date of the approval of the preliminary plat. - G. Evidence that the applicant has sufficient control over the land to effectuate the proposed development plan. Evidence of control includes property rights and the engineering feasibility data which may be necessary. The applicant has the property under contract to purchase and has retained the engineering firm of EMH&T to review the site. ERWIN.TXT 9/29/94 3 ... ~<--,~~,~-~-~~~-~',-~_..~--- - "",""''''''"'-'''-'''~-~-'' ''''. DUBLIN PLANNING AND ZONING COMMISSION RECORD OF ACTION October 6, 1994 CITY OF DlBLI~ ,..... The Planning and Zoning Commission took the following action in the application below at its ~ regularly scheduled meeting: 1. Rezoning Application Z93-023 - Erwin Tract Location: 30.092 acres located on the south side of the north fork of Indian Run, approximately 1,200 feet west of Avery Road. Existing Zoning: R-l, Restricted Suburban Residential District. Request: PLR, Planned Low Density Residential District. Proposed Use: Development of new single-family neighborhood of 60 single-family lots and 5.49 acres of parkland. Applicant: MIl Schottentein Homes, Inc., c/o Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, OH 43215-4199. MOTION: To approve this rezoning application with the following ten conditions: 1) That all flood way , floodplain, and floodway plus 20 feet information be indicated on plans and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; 2) That all park land be dedicated to the City by warranty deed with the recording the fInal - plat. Recording fees are to be paid by the developer; 3) That all pavement, rights-of-way, utilities, storm water management, cul-de-sacs, vertical ~ alignments and street geometrics be designed to the satisfaction of the City Engineer; 4) That a tree survey be submitted to Staff prior to the preliminary plat submittal, and lot lines, utilities, and easements are adjusted, if necessary, to preserve trees; 5) That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction; 6) That the no-build zone along the west property line be widened to at least 30 feet, to the satisfaction of Staff; 7) That contribution for the bridge across the North Fork of the Indian Run be resolved to the satisfaction of the Development Director, before this application is reviewed by City Council; 8) That the detention basin be located within a storm water management easement, to the satisfaction of the City Engineer; Page 1 of 2 -4#BMmEDTOCOU?#f FOR MEETING ON /1 ~I - -----,-,.. DUBLIN PLANNING AND ZONING COl\1MISSION RECORD OF ACTION October 6, 1994 1. Rezoning Application Z93-023 - Erwin Tract (Cont.) 9) That pedestrian access/bikepath issues be resolved at the time of preliminary plat IIIIIl submission; and 10) That the bikepaths be installed at the time of road construction and the location be to the satisfaction of the Parks Director. - * Ben W. Hale, Jr., representing the applicant agreed to the above conditions. VOTE: 7-0. RESULT: This rezoning application was approved. STAFF CERTIFICATION IIIIIl ... Page 2 of 2 -